(PS) Beliaev v. U.S. Immigration and Customs Enforcement

Opinion

1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 EASTERN DISTRICT OF CALIFORNIA 9 10 MARK BELIAEV, No. 2:25-cv-01046-TLN-JDP 11 Plaintiff, 12 v. ORDER 13 U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT, et al., 14 Defendants. 15

16 17 On May 9 and May 30, 2025, the magistrate judge filed findings and recommendations 18 herein which were served on Plaintiff Mark Beliaev and which contained notice that any 19 objections to the findings and recommendations were to be filed within fourteen days. Plaintiff 20 filed objections to the May 9 findings and recommendations on May 13, 2025, and objections to 21 the May 30 findings and recommendations on June 3, 2025. Those filings were considered by the 22 undersigned. 23 This Court reviews de novo those portions of the proposed findings of fact to which 24 objection has been made. 28 U.S.C. § 636(b)(1); McDonnell Douglas Corp. v. Commodore 25 Business Machines, 656 F.2d 1309, 1313 (9th Cir. 1981), cert. denied, 455 U.S. 920 (1982). As 26 to any portion of the proposed findings of fact to which no objection has been made, the court 27 assumes its correctness and decides the motions on the applicable law. See Orand v. United 28 States, 602 F.2d 207, 208 (9th Cir. 1979). The magistrate judge’s conclusions of law are 1 reviewed de novo. See Britt v. Simi Valley Unified Sch. Dist., 708 F.2d 452, 454 (9th Cir. 1983). 2 The court has reviewed the applicable legal standards and, good cause appearing, 3 concludes that it is appropriate to adopt both proposed Findings and Recommendations in full. 4 Accordingly, IT IS ORDERED that: 5 1. The proposed Findings and Recommendations filed May 9, 2025 (ECF No. 8), and 6 May 30, 2025 (ECF No. 12), are adopted; 7 2. Plaintiff’s motion for a permanent injunction (ECF No. 4) is DENIED; 8 3. Plaintiff’s amended complaint (ECF No. 9) is DISMISSED without leave to amend 9 for failure to state a cognizable claim; and 10 4. The Clerk is directed to close the case. 11 IT IS SO ORDERED. 12 Date: July 2, 2025 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28